Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32666 of 2025 Arising Out of PS. Case No.-568 Year-2021 Thana- FATUA District- Patna ====================================================== Kundan Kumar S/o Umesh Prasad R/o Village- Kolhar, P.S.- Fatuha, DistrictPatna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Shekhar Sharma, Advocate For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Fatuha P.S. Case No. 568 of 2021 registered for the offence punishable under Section 304(B) of the Indian Penal Code.
3. The case of the prosecution is that informant's daughter, Ranju Kumari was married to one Santosh Kumar three years ago. It is alleged that at the time of marriage gifts were given. A tractor and power trailer was also provided by the informant. It is further alleged that the petitioner who is brotherin-law and other in-laws subjected the daughter of the informant, namely, Ranju (deceased) to cruelty on account of non-fulfillment of demand of dowry and on 03.08.2021, the informant came to know that his daughter has been killed by
Patna High Court CR. MISC. No.32666 of 2025(2) dt.22-05-2025 2/3 administering poison.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. It has also been submitted that the petitioner is brother-inlaw of the deceased. Main thrust of allegation is against the husband, who is already in custody. It has further been submitted that the cremation of the deceased was done in the presence of the informant. Her post-mortem was also conducted and viscera was sent for FSL report and a poisonous substance was found in it. There is no role of this petitioner in this occurrence. He next submits that petitioner has got clean antecedent as stated in para-3 of the bail petition. Petitioner is languishing in judicial custody since 22.01.2025.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJM
Patna High Court CR. MISC. No.32666 of 2025(2) dt.22-05-2025 3/3 II cum Sub Judge-II, Patna City in connection with Fatuha P.S. Case No. 568 of 2021.
(Ashok Kumar Pandey, J) Anushka/- U T